The Regional Officer M I D C Latur v. Laxmkant Vithal Medewar

2024:BHC-AUG:625 1 fa 922.2003

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 206 FIRST APPEAL NO. 922 OF 2003 .

The Regional Officer, Maharashtra Industrial Development Corporation Latur, Dist. Latur .. Appellant (Ori. Respondent No.3)

Versus

1.

Laxmikant S/o Vithal Medewar Age: 25 yrs, Occ: Business, R/o. Degloor, Tq. Degloor, Dist. Nanded (Original Claimant) 2.

The State of Maharashtra per District Collector, Collectorate, Nanded (Original Respondent No.1) 3.

The Land Acquisition Officer & Deputy Collector at Degloor (Original Respondent No.2) .. Respondents ...

Advocate for Appellant : Mr. S S Dande AGP for Respondent/State: Mrs. K. R. Jamdhade ...

WITH CIVIL APPLICATION NO. 4263 OF 2003 IN FA/922/2003 ....

CORAM : ARUN R. PEDNEKER, J.

DATE : 10th JANUARY, 2024 ORAL JUDGMENT:

1.

Heard. Original Claimant - Respondent No.1, though served, non has entered appearance.

2 fa 922.2003 2.

By the present First Appeal, the appellant - MIDC has challenged the order dated 06.02.1999, passed by the Reference Court - Civil Judge, Senior Division, Billoli, whereby the compensation granted to the claimant is enhanced from Rs.926/- to Rs.3,200/- per Guntha for the land acquired at Village Khanapur, Taluka - Degloor, District Nanded for the development of industrial area.

3.

Mr. S. S. Dande, learned counsel for the appellant submits that arising out of the same acquisition in the connected matters, where the first appeals were taken up by the Division Bench of this court in First Appeal No.285 of 2003 and other connected matters, whereby this court by order dated 14.10.2003 has set aside the compensation awarded by the reference court in it's entirety and restored the award passed by the Land Acquisition Officer. The Judgment is followed in First Appeal No.548 of 2004. The same is also maintained in First Appeal 546 of 2004 and First Appeal No.184 of 20007.

4.

In view of the same, the award passed by the Reference Court dated 06.02.1999 is set aside and the award of the Land Acquisition Officer is maintained.

5.

The First Appeal stands accordingly disposed of. 6.

All the pending civil applications stand disposed of. [ARUN R. PEDNEKER, J.] marathe